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[Federal Register Volume 81, Number 1 (Monday, January 4, 2016)]
[Proposed Rules]
[Pages 34-37]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-32905]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 39

[Docket No. FAA-2015-8138; Directorate Identifier 2014-NM-112-AD]
RIN 2120-AA64

Airworthiness Directives; Fokker Services B.V. Airplanes

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Notice of proposed rulemaking (NPRM).

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SUMMARY: We propose to supersede Airworthiness Directive (AD) 2011-17-
10 for all Fokker Services B.V. Model F.28 Mark 1000, 2000, 3000, and 
4000 airplanes. AD 2011-17-10 currently requires inspecting for a by-
pass wire between the housing of each in-tank fuel quantity indication 
(FQI) cable plug and the cable shield, and corrective actions if 
necessary. AD 2011-17-10 also requires revising the airplane 
maintenance program. Since we issued AD 2011-17-10, revised service 
information has been issued to update the critical design configuration 
control limitations (CDCCLs) that address potential ignition sources 
inside fuel tanks. This proposed AD would require revising the airplane 
maintenance or

[[Page 35]]

inspection program by incorporating the instructions in the revised 
service information. The proposed AD also removes certain airplanes 
from the applicability. We are proposing this AD to prevent potential 
ignition sources inside the fuel tanks, which, in combination with 
flammable fuel vapors, could result in fuel tank explosions and 
consequent loss of the airplane.

DATES: We must receive comments on this proposed AD by February 18, 
2016.

ADDRESSES: You may send comments, using the procedures found in 14 CFR 
11.43 and 11.45, by any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov. Follow the instructions for submitting comments.
     Fax: 202-493-2251.
     Mail: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC 20590.
     Hand Delivery: U.S. Department of Transportation, Docket 
Operations, M-30, West Building Ground Floor, Room W12-140, 1200 New 
Jersey Avenue SE., Washington, DC, between 9 a.m. and 5 p.m., Monday 
through Friday, except Federal holidays.
    For service information identified in this proposed AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 EL 
Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may view this referenced service information 
at the FAA, Transport Airplane Directorate, 1601 Lind Avenue SW., 
Renton, WA. For information on the availability of this material at the 
FAA, call 425-227-1221.

Examining the AD Docket

    You may examine the AD docket on the Internet at http://www.regulations.gov by searching for and locating Docket No. FAA-2015-
8138; or in person at the Docket Management Facility between 9 a.m. and 
5 p.m., Monday through Friday, except Federal holidays. The AD docket 
contains this proposed AD, the regulatory evaluation, any comments 
received, and other information. The street address for the Docket 
Operations office (telephone (800) 647-5527) is in the ADDRESSES 
section. Comments will be available in the AD docket shortly after 
receipt.

FOR FURTHER INFORMATION CONTACT: Tom Rodriguez, Aerospace Engineer, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
1601 Lind Avenue SW., Renton, WA 98057-3356; telephone 425-227-1137; 
fax 425-227-1149.

SUPPLEMENTARY INFORMATION:

Comments Invited

    We invite you to send any written relevant data, views, or 
arguments about this proposed AD. Send your comments to an address 
listed under the ADDRESSES section. Include ``Docket No. FAA-2015-8138; 
Directorate Identifier 2014-NM-112-AD'' at the beginning of your 
comments. We specifically invite comments on the overall regulatory, 
economic, environmental, and energy aspects of this proposed AD. We 
will consider all comments received by the closing date and may amend 
this proposed AD based on those comments.
    We will post all comments we receive, without change, to http://www.regulations.gov, including any personal information you provide. We 
will also post a report summarizing each substantive verbal contact we 
receive about this proposed AD.

Discussion

    On August 3, 2011, we issued AD 2011-17-10, Amendment 39-16774 (76 
FR 50111, August 12, 2011), for all Model F.28 Mark 1000, 2000, 3000, 
and 4000 airplanes. AD 2011-17-10 requires inspecting for a by-pass 
wire between the housing of each in-tank FQI cable plug and the cable 
shield and corrective actions (installing a by-pass wire) if necessary. 
AD 2011-17-10 also requires revising the airplane maintenance program.
    Since we issued AD 2011-17-10, Amendment 39-16774 (76 FR 50111, 
August 12, 2011), revised service information has been issued to update 
the critical CDCCLs that address potential ignition sources inside fuel 
tanks.
    The European Aviation Safety Agency (EASA), which is the Technical 
Agent for the Member States of the European Union, has issued EASA 
Airworthiness Directive 2014-0111, dated May 8, 2014 (referred to after 
this as the Mandatory Continuing Airworthiness Information, or ``the 
MCAI''), to correct an unsafe condition for the specified products. The 
MCAI states:

    * * * [T]he FAA published Special Federal Aviation Regulation 
(SFAR) 88, and the Joint Aviation Authorities (JAA) published 
Interim Policy INT/POL/25/12.
    The review conducted by Fokker Services on the F28 design, in 
response to these regulations, revealed that on certain aeroplanes, 
an interrupted shield contact may exist or develop between the 
housing of an in-tank Fuel Quantity Indication (FQI) cable plug and 
the cable shield of the shielded FQI system cables in the main and 
collector fuel tanks, which can, under certain conditions, form a 
spark gap.
    This condition, if not detected and corrected, may create an 
ignition source in the fuel tank vapour space, possibly resulting in 
a wing fuel tank explosion and consequent loss of the aeroplane.
    To address and correct this unsafe condition, Fokker Services 
published Service Bulletin (SB) SBF28-28-053 which provides 
instructions, for early production aeroplanes, for a one-time 
inspection to check for the presence of a by-pass wire between the 
housing of each in-tank FQI cable plug and the cable shield and, 
depending on findings, for the installation of a by-pass wire. In 
addition, SBF28-28-053 provides a Critical Design Configuration 
Control Limitation (CDCCL) item to make certain that the by-pass 
wire remains installed on these aeroplanes.
    On later production aeroplanes, an improved plug Part Number (P/
N) 20P227-2 was introduced with a better shield connection to the 
housing of the plug. Therefore, SBF28-28-053 (original issue and 
Revision 1) also provided a CDCCL item to ensure that this type of 
plug remains installed on those aeroplanes.
    EASA issued AD 2010-0217 [which corresponds to FAA AD 2011-17-
10, Amendment 39-16774 (76 FR 50111, August 12, 2011)] to require 
accomplishment of the instructions related to the by-pass wire and 
implementation of the CDCCL items as specified in Fokker Services 
SBF28-28-053 Revision 1, as applicable to aeroplane s/n.
    Since EASA AD 2010-0217 was issued, it was identified that P/N 
20P227-2 and 20P228-1 plugs are also approved and can therefore be 
installed on the later production aeroplanes. Prompted by this 
finding, Fokker Services issued SBF28-28-055 to address the 
implementation of a CDCCL item to make certain that only approved 
plug types remain installed on the later production aeroplanes, 
while SBF28-28-053 Revision 2 was issued for early production 
aeroplanes to address the by-pass wire related actions only.
    Consequently, EASA issued AD 2011-0184, retaining the 
requirements of EASA AD 2010-0217, which was superseded, to require 
implementation of the related CDCCL items as specified in Fokker 
Services SBF28-28-053 Revision 2, or SBF28-28-055, as applicable to 
aeroplane s/n.
    More recently, Fokker Services published Revision 3 of SBF28-28-
053, to eliminate the use of a heat gun in or near to the fuel tank, 
and prompted by a change to the definition of the related CDCCL 
item. Fokker Services also cancelled SBF28-28-055, due to the 
introduction of a revised definition of the CDCCL item that has been 
published in Fokker Services SBF28-28-050, Revision 2.
    For the reason described above, this [EASA] AD retains the 
requirements related to SBF28-28-053 of EASA AD 2011-0184, which is 
superseded, but requires those actions to be accomplished in 
accordance with the instructions of Fokker Services SBF28-28-053, 
Revision 3 (R3).
    All the actions related to SBF28-28-055, as previously required 
through paragraphs (5)

[[Page 36]]

and (6) of EASA AD 2011-0184, are now addressed by EASA AD 2014-0110 
[http://ad.easa.europa.eu/ad/2014-0110] which has been superseded by 
EASA AD 2015-0030 [http://ad.easa.europa.eu/ad/2015-0030].
* * * * *
    The CDCCL requirement in AD 2011-17-10, Amendment 39-16774 (76 FR 
50111, August 12, 2011) for Model F.28 Mark 2000, 3000, and 4000 
airplanes is now addressed in other related rulemaking. Therefore this 
proposed AD does not include Model F.28 Mark 2000, 3000, and 4000 
airplanes in the applicability.
    This AD also removes airplanes having serial numbers 11993 and 
19994 from the applicability because those airplanes were scrapped and 
removed from the type certificate data sheet.
    The unsafe condition is the potential of ignition sources inside 
fuel tanks. Such ignition sources, in combination with flammable fuel 
vapors, could result in fuel tank explosions and consequent loss of the 
airplane. You may examine the MCAI in the AD docket on the Internet at 
http://www.regulations.gov by searching for and locating it in Docket 
No. FAA-2015-8138.

Related Service Information Under 1 CFR Part 51

    Fokker Services B.V. has issued Fokker Service Bulletin SBF28-28-
053, Revision 3, dated January 9, 2014. The service information 
describes procedures for inspecting for a by-pass wire between the 
housing of each in-tank FQI cable plug and the cable shield, and 
installing a by-pass wire if necessary. The service information also 
describes CDCCL item 1.7 for fuel quantity indicating system (FQIS) 
wiring in wing tanks. This service information is reasonably available 
because the interested parties have access to it through their normal 
course of business or by the means identified in the ADDRESSES section 
of this NPRM.

FAA's Determination and Requirements of This Proposed AD

    This product has been approved by the aviation authority of another 
country, and is approved for operation in the United States. Pursuant 
to our bilateral agreement with the State of Design Authority, we have 
been notified of the unsafe condition described in the MCAI and service 
information referenced above. We are proposing this AD because we 
evaluated all pertinent information and determined an unsafe condition 
exists and is likely to exist or develop on other products of the same 
type design.
    This proposed AD would require implementation of certain 
maintenance requirements and airworthiness limitations. This proposed 
AD would also require accomplishing the actions specified in the 
service information described previously.
    This proposed AD would require revisions to certain operator 
maintenance documents to include new actions (e.g., inspections) and 
CDCCLs. Compliance with these actions and CDCCLs is required by 14 CFR 
91.403(c). For airplanes that have been previously modified, altered, 
or repaired in the areas addressed by these actions, the operator may 
not be able to accomplish the actions described in the revisions. In 
this situation, to comply with 14 CFR 91.403(c), the operator must 
request approval for an alternative method of compliance according to 
the procedures specified in paragraph (n)(1) of this AD. The request 
should include a description of changes to the required actions that 
will ensure the continued operational safety of the airplane.
    Notwithstanding any other maintenance or operational requirements, 
components that have been identified as airworthy or installed on the 
affected airplanes before accomplishing the revision of the airplane 
maintenance or inspection program specified in this AD, do not need to 
be reworked in accordance with the CDCCLs. However, once the airplane 
maintenance or inspection program has been revised as required by this 
AD, future maintenance actions on these components must be done in 
accordance with the CDCCLs.

Costs of Compliance

    We estimate that this proposed AD affects 5 airplanes of U.S. 
registry. This proposed AD would merely require using the 
Accomplishment Instructions in the revised service information. The 
current costs associated with this proposed AD are repeated as follows 
for the convenience of affected operators:
    The actions that are required by AD 2011-17-10, Amendment 39-16774 
(76 FR 50111, August 12, 2011), will take about 6 work-hours per 
product, at an average labor rate of $85 per work-hour. Required parts 
cost about $0 per product. Based on these figures, the estimated cost 
of the actions that were required by AD 2011-17-10 is $510 per product.
    In addition, we estimate that any necessary follow-on actions 
required by AD 2011-17-10 will take about 7 work-hours and require 
parts costing $308, for a cost of $903 per product. We have no way of 
determining the number of products that may need these actions.
    We also estimate that it would take about 1 work-hour per product 
to revise the maintenance or inspection program in this proposed AD. 
The average labor rate is $85 per work-hour. Based on these figures, we 
estimate the cost of this proposed AD on U.S. operators to be $425, or 
$85 per product.

Authority for This Rulemaking

    Title 49 of the United States Code specifies the FAA's authority to 
issue rules on aviation safety. Subtitle I, section 106, describes the 
authority of the FAA Administrator. ``Subtitle VII: Aviation 
Programs,'' describes in more detail the scope of the Agency's 
authority.
    We are issuing this rulemaking under the authority described in 
``Subtitle VII, Part A, Subpart III, Section 44701: General 
requirements.'' Under that section, Congress charges the FAA with 
promoting safe flight of civil aircraft in air commerce by prescribing 
regulations for practices, methods, and procedures the Administrator 
finds necessary for safety in air commerce. This regulation is within 
the scope of that authority because it addresses an unsafe condition 
that is likely to exist or develop on products identified in this 
rulemaking action.

Regulatory Findings

    We determined that this proposed AD would not have federalism 
implications under Executive Order 13132. This proposed AD would not 
have a substantial direct effect on the States, on the relationship 
between the national Government and the States, or on the distribution 
of power and responsibilities among the various levels of government.
    For the reasons discussed above, I certify this proposed 
regulation:
    1. Is not a ``significant regulatory action'' under Executive Order 
12866;
    2. Is not a ``significant rule'' under the DOT Regulatory Policies 
and Procedures (44 FR 11034, February 26, 1979);
    3. Will not affect intrastate aviation in Alaska; and
    4. Will not have a significant economic impact, positive or 
negative, on a substantial number of small entities under the criteria 
of the Regulatory Flexibility Act.

List of Subjects in 14 CFR Part 39

    Air transportation, Aircraft, Aviation safety, Incorporation by 
reference, Safety.

The Proposed Amendment

    Accordingly, under the authority delegated to me by the 
Administrator, the FAA proposes to amend 14 CFR part 39 as follows:

[[Page 37]]

PART 39--AIRWORTHINESS DIRECTIVES

0
1. The authority citation for part 39 continues to read as follows:

    Authority:  49 U.S.C. 106(g), 40113, 44701.

Sec.  39.13  [Amended]

0
2. The FAA amends Sec.  39.13 by removing airworthiness directive (AD) 
2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011), and 
adding the following new AD:

Fokker Services B.V.: Docket No. FAA-2015-8138; Directorate 
Identifier 2014-NM-112-AD.

(a) Comments Due Date

    We must receive comments by February 18, 2016.

(b) Affected ADs

    This AD replaces AD 2011-17-10, Amendment 39-16774 (76 FR 50111, 
August 12, 2011).

(c) Applicability

    This AD applies to Fokker Services B.V. Model F.28 Mark 1000 
airplanes; certificated in any category; serial numbers (S/Ns) 11003 
through 11041 inclusive, and S/Ns 11991 and 11992.

(d) Subject

    Air Transport Association (ATA) of America Code 28, Fuel.

(e) Reason

    This AD was prompted by the issuance of revised service 
information to update the critical design configuration control 
limitations (CDCCLs) that address potential ignition sources inside 
fuel tanks. We are issuing this AD to prevent potential ignition 
sources inside the fuel tanks, which, in combination with flammable 
fuel vapors, could result in fuel tank explosions and consequent 
loss of the airplane.

(f) Compliance

    Comply with this AD within the compliance times specified, 
unless already done.

(g) Retained Inspection and Installation With Revised Service 
Information

    This paragraph restates the actions required by paragraph (g) of 
AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011), 
with revised service information. At a scheduled opening of the fuel 
tanks, but not later than 84 months after September 16, 2011 (the 
effective date of AD 2011-17-10), do a general visual inspection for 
the presence of a by-pass wire between the housing of each in-tank 
fuel quantity indication (FQI) cable plug and the cable shield, in 
accordance with Part 1 of the Accomplishment Instructions of Fokker 
Service Bulletin SBF28-28-053, Revision 1, dated September 20, 2010, 
or Revision 3, dated January 9, 2014. As of the effective date of 
this AD, only Fokker Service Bulletin SBF28-28-053, Revision 3, 
dated January 9, 2014, may be used.

(h) Retained Corrective Actions, With Revised Service Information

    This paragraph restates the actions required by paragraph (h) of 
AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011), 
with revised service information. If during the general visual 
inspection required by paragraph (g) of this AD, it is found that a 
by-pass wire is not installed: Before the next flight, install the 
by-pass wire between the housing of the in-tank FQI cable plug and 
the cable shield, in accordance with Part 2 of the Accomplishment 
Instructions of Fokker Service Bulletin SBF28-28-053, Revision 1, 
dated September 20, 2010, or Revision 3, dated January 9, 2014. As 
of the effective date of this AD, only Fokker Service Bulletin 
SBF28-28-053, Revision 3, dated January 9, 2014, may be used.

(i) Retained Maintenance Program Revision To Add Fuel Airworthiness 
Limitation, With a New Exception

    This paragraph restates the actions required by paragraph (i) of 
AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011), 
with a new exception. Except as required by paragraph (k) of this 
AD, concurrently with paragraph (g) of this AD, revise the airplane 
maintenance program by incorporating CDCCL-1 specified in paragraph 
1.L.(1)(c) of Fokker Service Bulletin SBF28-28-053 Revision 1, dated 
September 20, 2010.

(j) Retained No Alternative Actions, Intervals, and/or CDCCLs 
Requirement, With a New Exception

    This paragraph restates the actions required by paragraph (k) of 
AD 2011-17-10, Amendment 39-16774 (76 FR 50111, August 12, 2011), 
with a new exception. Except as required by paragraph (k) of this 
AD: After accomplishing the revision required by paragraph (i) of 
this AD, no alternative actions (e.g., inspection, interval) and/or 
CDCCLs may be used unless the actions, intervals, and/or CDCCLs are 
approved as an alternative methods of compliance (AMOC) in 
accordance with the procedures specified in paragraph (n)(1) of this 
AD.

(k) New Maintenance or Inspection Program Revision To Add Fuel 
Airworthiness Limitation

    Within 30 days after the effective date of this AD: Revise the 
airplane maintenance or inspection program, as applicable, by 
incorporating CDCCL item 1.7 as specified in paragraph 1.L.(1)(c) of 
Fokker Service Bulletin SBF28-28-053, Revision 3, dated January 9, 
2014. Accomplishing the revision required by this paragraph 
terminates the revision required by paragraph (i) of this AD.

(l) No Alternative CDCCLs

    After the maintenance or inspection program has been revised as 
required by paragraph (k) of this AD, no alternative CDCCLs may be 
used unless the CDCCLs are approved as an AMOC in accordance with 
the procedures specified in paragraph (n)(1) of this AD.

(m) Credit for Previous Actions

    This paragraph provides credit for the applicable actions 
required by paragraphs (k) of this AD, if those actions were 
performed before the effective date of this AD using Fokker Service 
Bulletin SBF28-28-053, Revision 2, dated June 22, 2011.

(n) Other FAA AD Provisions

    The following provisions also apply to this AD:
    (1) Alternative Methods of Compliance (AMOCs): The Manager, 
International Branch, ANM-116, Transport Airplane Directorate, FAA, 
has the authority to approve AMOCs for this AD, if requested using 
the procedures found in 14 CFR 39.19. In accordance with 14 CFR 
39.19, send your request to your principal inspector or local Flight 
Standards District Office, as appropriate. If sending information 
directly to the International Branch, send it to ATTN: Tom 
Rodriguez, Aerospace Engineer, International Branch, ANM-116, 
Transport Airplane Directorate, FAA, 1601 Lind Avenue SW., Renton, 
WA 98057-3356; telephone 425-227-1137; fax 425-227-1149. Information 
may be emailed to: 9-ANM-116-AMOC-REQUESTS@faa.gov. Before using any 
approved AMOC, notify your appropriate principal inspector, or 
lacking a principal inspector, the manager of the local flight 
standards district office/certificate holding district office.
    (2) Contacting the Manufacturer: As of the effective date of 
this AD, for any requirement in this AD to obtain corrective actions 
from a manufacturer, the action must be accomplished using a method 
approved by the Manager, International Branch, ANM-116, Transport 
Airplane Directorate, FAA; or the European Aviation Safety Agency 
(EASA); or Fokker B.V. Service's EASA Design Organization Approval 
(DOA). If approved by the DOA, the approval must include the DOA-
authorized signature.

(o) Related Information

    (1) Refer to MCAI EASA Airworthiness Directive 2014-0111, dated 
May 8, 2014, for related information. This MCAI may be found in the 
AD docket on the Internet at http://www.regulations.gov by searching 
for and locating Docket No. FAA-2015-8138.
    (2) For service information identified in this AD, contact 
Fokker Services B.V., Technical Services Dept., P.O. Box 1357, 2130 
EL Hoofddorp, the Netherlands; telephone +31 (0)88-6280-350; fax +31 
(0)88-6280-111; email technicalservices@fokker.com; Internet http://www.myfokkerfleet.com. You may view this referenced service 
information at the FAA, Transport Airplane Directorate, 1601 Lind 
Avenue SW., Renton, WA. For information on the availability of this 
material at the FAA, call 425-227-1221.

    Issued in Renton, Washington, on December 21, 2015.
Michael Kaszycki,
Acting Manager, Transport Airplane Directorate, Aircraft Certification 
Service.
[FR Doc. 2015-32905 Filed 12-31-15; 8:45 am]
 BILLING CODE 4910-13-P
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